We are senior citizens living in a gated community.. We signed a years lease and have 4 1/2 months left.. Just to the back of our house they are building comercial buildings and the noise at 7 am is deafening... My landlord will not release us from our lease agreement.. Is there any way we can force him to terminate our lease early..When we leased the house there wasnt any building started and we were not told that it would start any time soon.. My email address is Charntom14@yahoo.ca Any information would be so helpful..Thank you Charlotte Saunderson
2007-11-02 06:03:28 · 5 answers · asked by Charlotte S 1 in Business & Finance ➔ Renting & Real Estate
From what I've seen on The People's Court, what is going on with the construction is out of your landlords hands. Therefore, it cannot be terminated.
2007-11-02 06:12:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, you cannot force the landlord to terminate your lease due to construction, especially if the landlord has no control over it.
Unfortunately, construction happens.
Depending on your state's landlord tenant laws, the landlord may be required to mitigate his damages if you do break your lease.
The landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold you liable for any costs that he may incur due to your breach, such as, advertising costs, agent fees, etc.
Your best bet would be to see if you can negotiate an early termination, or buyout, of your lease with the landlord. Offer an amount equal to two months rent in exchange for an early termination letter without any further liability.
If you can come to an agreement with the landlord, get it in writing to protect yourself.
2007-11-02 13:59:46 · answer #2 · answered by ? 6 · 1⤊ 0⤋
The strongest argument for breaking your lease is interference of 'quiet enjoyment' of the property. This is something that is assumed on all leases, even if not explicitly written. Basically it means that you should be able to enjoy the property without interference and major disturbances (noise would be one of these things).
That being said, construction work is a toughie, because, well, it happens just about everywhere from time to time and isn't something that the landlord can do anything about. Perhaps you could call the city and complain that the work is starting too early?
2007-11-02 14:11:31 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Sorry Charlotte, but you're going to have to tough it out for those few remaining months. Your landlord is not responsible for the construction which is occurring behind where you live. Construction noise starting at 7AM is within the limits of noise control ordinances, since 7AM is normal starting working hours.
I suggest quality earplugs for your sleep time, and during the day......well.......the noise is there.
2007-11-02 14:05:24 · answer #4 · answered by acermill 7 · 1⤊ 0⤋
Well, does your lease agreement say you get to terminate if there is commercial building going on right behind your house?
I didn't think so.
Obvious answer.
2007-11-02 14:29:32 · answer #5 · answered by dork 7 · 1⤊ 0⤋